Select Documents from the Estate File of Nottingham Monk, Jr. , Bertie County, North Carolina — The Estate Inventory, Complaint of Amos Rayner, and Answer of William Anderson Transcribed

Monk, Nottingham Estate File, Amos Rayner Complaint
Complaint of Amos Rayner to Bertie County, North Carolina, Equity Court , re: estate of Nottingham Monk, 17 January 1825 (opening paragraphs), from loose-papers estate file of Nottingham Monk held by North Carolina archives.

The following are select documents from the loose-papers estate file of Nottingham Monk Jr., Bertie County, North Carolina, which I have transcribed and which were cited in the previous posting, to which I’m attaching these transcriptions. In addition to these documents from the estate file, I’ve transcribed the account William Anderson made as estate administrator on 9 March 1830, the various store accounts of Nottingham Monk discussed in the previous posting linked above, the widow’s allotment to Nancy Monk, and the accounts of the sale and hire of enslaved people belonging to the estate in 1818, 1819, 1820. I am not publishing those other transcripts here, because the resulting posting would be very lengthy. But if any reader of this posting would want copies of the transcripts, I would gladly provide them, if you’d contact me via the messaging system of this blog.

A True Inventory of the Notes, Judgements, Accounts, Perishable Property, and Negroes Belonging to the Estate of Nottingham Monk, Jr., 4 March 1818 (Recorded Bk. 2, 418-19)
Notes, Judgements, and Accounts
1 Note against Philip McFerson & H.B. Smithwick due 2nd March 1815               15.95
1 Ditto agt. Wm. Pendar & Philip McFerson due 2nd March 1815                            5.30
1 Ditto agt. Humphrey B. Smithwick & John Hollada due 2nd March 1815            4.75
1 Ditto agt. Reuben Whitfield due 8th May 1816 (Doubtfull)                                      5.78
1 Ditto agt. John and Mathews Bailey due 2nd March 1815 (Insolvent)                   3.70
a Ditto agt. William Anderson due 15th Jly 1812                                                         32.–
1 Ditto agt. Moses Brogdan due 18th November 1802 (Doubtfull)                             7.50
1 Ditto agt. Allen Hunter due 28th December 1811 (Doubtfull)                                  6.75
1 Ditto agt. Abram Seales due 25th June 1814 (Doubtfull)                                         15.65
1 Ditto agt. Edmund Smithwick & John Hollada due 2nd March 1815                      6.40
1 Ditto agt. Thos. Speller due in May 1818                                                                  410.–
1 Acount Against Gorge Outllaw                                                                                       3.90
Inventory of Cash
Cash found on hand                                                                                                           25.50
Acct. of Thomas Rascoe it being the balance of Note given by him                         42.–
to Notingham Monk decd.
E. Excepted by Wm. Anderson (his signature)
Perishable Property
2 Grubing Hoes
1 Lot of Weedg. ditto
1 curring Knife
2 plough Hoes
2 ditto ditto
1 Sythe
1 Cross cut Saw
1 pair Sheep Shears
2 Axes & ditto
1 Hand Saw
1 do do
2 gun Barrels
1 Lot Trummpery
1 Iron Wedge & Bell
1 Steal Trap
1 do do
1 Lot plough Gear
3 ploughs
3 Raw Hides
3 do do
4 do do
Walnut plank
16 Sides Leather
1 Lot of ditto
Iron Wedges & Frow
1 Ax
5 Wool Wheels
1 Lot Wood Ware
1 Pot
2 pair Cart Wheels
1 pistol
2 guns
1 Hand Mill
1 Loom
2 Slay & Harness
1 Basket
2 Slays & Harnesses
2 Slays
2 Shuttles
2 Flax Wheels
1 pair Boot Logs
1 Lot Iron Ware
1 Gridel
2 Saddles
1 Spiider
2 pots & Tramels
1 Skillet
1 Lot plank
1 Watch
1 Chamber pot
10 (40?) Sows & pigs
2 Boars
2 Mair
1 Horse
1 ditto Sold by Execution
1 Yoke Stears
1 ditto
2 Stears
1 Cow
1 ditto & heifer
2 ditto
1 ditto & calf
1 Cow delivered the widow in lieu  of 200 wt. of Beef
2 Yearlings
1 Cow & calf
Balance of Cattle
11 Head Sheep
Balance of ditto
3 Head Hounds Dogs
2 Flax Breaks
2 Bells & Curry Comb
1 Ox Cart
8 Stacks of blade Fodder
1 ditto do do delverd the Widow
1 Hone
2 Top Stacks of Fodder
9 Stocks of Bees
1 Box & Trumpery
3 Jugs & oil & Funnel
2 Empty Barrels
1 half bushel Measure
1 Barrel & fish
1 do ditto
1 Lot old Barrels
1 Jar & goard
2 Jugs
2 Sheep Skin
1 Lot Leather
1 Small Jug
1 Lot Flax unbroke
1 Lot Spun Cotton & Thread
2 Iron Boalts
2 Mill Pecks
5 Feather Beds & 6
1 Trunk
3 Chest
1 Real
1 Hunting Saddle
1 Blanket
1 Lot Shearings Tools
1 pair Boots [Books?]
2 Rock lines and Reep hooks
2 pair Stillards
1 Hackel
1 pair Smoothing Irons
7 Books
2 pair Cards
1 Tin Trunk
1 Scoope
1 Looking Glass
1 pair Hand Bellows
2 pair Tongs
1 Lot Cups & Saucers & Waiter
2 Bowls2 pewter dishes & baasons
1 Lot of Pewter & earthen ware
« dozen plates
« do Small do
2 pewter Basons
1 pitcher & Coffee pot
1 Large pewter Bason
1 do Tin ditto
1 Dish
2 decanters
Candle Moulds & box
1 Pitcher and Sugar Box
1 Water Bucket
1 Small looking Glass
Scales & Weights
1 Small decanter
1 Candle Stand
1 Bofat (?)
1 Chain of Cloth
1 piece of Callico
3 yards Cloth
1 Coffee pot
1 Small Table
1 Large ditto
1 Chest & Trumpery
1 yd. Stick
1 Small Trunk
1 powder Horn
Shoe Buckels
1 Goard & Cotton
2 Towel & Table cloth
1 piece Cloth
1 Dish
4 Chairs
1 Small Chest
2 Stools
1 Small press
1 pair Smoothing Irons
1 Lot Iron Trumpery
1 Graplin
1 Cotton Machine
10 Cotton Seed
1 Barrel Cotton
1 Lot ditto
1 Small Basket
Flax Seed
3« bushels White pease
6« do Red ditto
2 do of each delivd. the Widow
1 Bunch Spun Tow
1 do ” Yarn
1 Table Cloth
1 Bunch Spun Thread
1 Jug
1 large ditto
1 Bed quilt
1 old Negro Woman Vilet
1 Gig
1 pair Snuffers
Cotton & Iron hoops
1 pot & soap grease
1 Cask Lime
1 Flour Tub
1 Barrel & Vinegar
Warpin bars
1 Grind Stone
2 Tan Vats
46 Barrels Corn
20 Barrels of the above Corn deliverd. the Widow
7 Barrels of Offal Corn
2 Moscovy Drakes
1 Knife box & Curry Comb
Pipe Staves
Barrel ditto
old bee hives
1 Table
3 old Empty Hogsheads
1 Negro Girl Venice in the possession of Thomas Sorrel claimed by Rachel
     Anderson as a gift and delivered in his life time
1 Negro Canaan give by the decd. to Jennit Anderson
14 Negros exclusive of the above two & 1 sold
1 Negro woman Sold as above
Complaint of Amos Rayner of Bertie Co. (Amos Rayner vs. William Anderson and Nottingham Monk’s admr., Injunction Original Bill), Filed 17 Jan. 1825 (Kesiah, March 9th 1830)

The Bill of complaint of Amos Rayner of Bertie county humbly complaining sheweth —

That a certain Nottingham Monk late of Bertie county died intestate some time about the year 1817 as well as he recollects leaving a very considerable personal estate consisting of between 15 and 20 valuable Negro Slaves, a large stock of all kinds, bonds[,] notes[,] accounts & Judgements in the whole of the value between $5000 and $7000 as he understands and believes.

That the said Nottingham Monk left the following representatives Nancy his widow and Jennet the wife of William Anderson, Strahorn Monk, Nebuchadnezzar Monk, Betsey the wife of Thomas Sorrell, and Rachal Monk who were the children of the said Nottingham Monk and his distributees.

That the before mentioned William Anderson at the Term of Bertie Court of Pleas of Quarter Sessions, on or about the year 1817 duly took out letters of administration on the estate of the said Nottingham Monk and took into his possession all goods[,] chattels[,] rights & credits of the said Nottingham Monk as his administrator and [credited?] the whole of the same as he has understood and believes or nearly the whole.

That the said William Anderson at the taking of the Letters of administration aforesaid procured your orator and the said Nebuchadnezzar Monk & the said Thomas Sorrell to become his Securities to his administration bond and they now stand bound for the faithful administration of the said William Anderson on the estate aforesaid.

That afterwards the said William Anderson managing the said estate very carelessly and unskilfully and wasting the assets of the estate your orator became clamorous for a settlement of the same because he greatly feared he might become liable on his bond aforesaid for large sums of money by the maladministration of the said estate by the said William Anderson and he strenuously insisted that the said William Anderson should settle the same and the said William Anderson promised very [firmly? fairly?] but never progressed the farther in the settlement though but totally refused so to do for a considerable time.

That some years after the estate should have been settled in a due course of law; and when it was clearly ascertained that over & above what was necessary to pay the debts of the said Nottingham Monk there remained a large surplus in the hands of the said administrator to be divided among the above named representatives[,] your orator ascertained that the said Nebuchadnezzar Monk and the said Thomas Sorrell the two securities who signed the administration bond with him were about to be insolvent and your orator became very uneasy on account of his liability for the said William Anderson and sought out some way to save himself harmless if possible and for that purpose renewed his application to the said William Anderson to have the estate settled and failed therein as usual.

That your orator in order to save himself as much as was in his power purchased the whole right and interest of the said Nancy Monk the widow of Nottingham Monk aforesaid, and the said Nebuchadnezzar’s right and interest of both of which he avers he paid a valuable consideration and is now entitled to receive the amount thereof.

That the said Rachal Monk died intestate an infant of very tender years and that your orator took out Letters of administration on her estate for the same purpose and that he hath paid the part that was coming to Thomas Sorrell for her estate all of which he was entitled to receive from the said William Anderson as administrator aforesaid.

Your orator further charges that at the time the said William Anderson took out Letters of administration on said estate the said William Anderson to induce your orator to become his security for him on his administration bond promised and agreed with your orator that your orator should assist him in the administration & settlement of the said estate and should therefore receive the one half of the commissions allowed or justly due for the settlement of the said estate to assist to which your orator agreed and signed the bond aforesaid: and your orator avers and charges that he attended with the said William Anderson and made the sale of the personal estate and took the notes and delivered property for him when absent and did all other service required of him by the bargain aforesaid & thereby became entitled to his commissions according to the agreement and bargain aforesaid.

Your orator understands and believes and so believing avers it to be true that the said William Anderson had sufficient assets in his hands to satisfy all the debts of the intestate before and without the sale he made for ready money of a negro boy named [blank] of the value of about $250 which was sold on the same day that the balance of the salves were sold to make a decision as will be set forth presently — which said assets your orator avers that the said William Anderson converted to his own use and hath not accounted for the same.

Your orator further charges that some time about the first of January in the year 1821 the said William Anderson having neglected to settle the estate until your orator who had the divers interests in the estate and was laboring under the liabilities aforesaid and one Thomas Bond who your orator had understood and believed purchased the interest of the said Betsey Sorrell and the said William Anderson came to an agreement to sell all the residue of the slaves to make a division of the said estate of the balance of slaves then on hand: and that at the date aforesaid your orator became the owner of the slave named Nelson on account of the sums due him from the said estate and took him into possession with the consent of the said William Anderson and held him quietly from the month of January 1821 until the month of March 1823 when he was taken from your orator[‘]s possession by the said William Anderson and Nebuchadnezzar Monk without his leave or consent but contrary to both.  Which said Slave has been kept out of your orator[‘]s possession evern since whereby your orator both wholy lost his value & and that the said Slave at the time he was taken as aforesaid was of the value of $300 or thereabout —Your orator further charges that altho the said William Anderson has been often applied to to settle the said estate in a friendly manner–that altho he has been threatened with a suit if he will not settle the same that even unto this time he has not settled the said estate with as far as he understands the said Thomas Bond or your orator or as he can understand with any one else interested in the same and that your orator as he has been informed and believes has been threatened with a suit on the said administration bond by the agent of the said Strahorn Monk who resides in some other state for his part of the estate of the said Nottingham Monk — and that your orator has good reasons to believe and verily does believe that he will shortly be called on by suits or otherwise to pay all the residues to all the said representatives or their agents or assignees —

And your orator further charges and avers that he hath lately understood and believes that the said William Anderson thro his mismanagement is now insolvent and not able to pay one fifth of the money due said estate and that all the money due from him as the administrator of the said Nottingham Monk must be collected thro your orator as the security of the administration bond aforesaid or not at all.

Your orator further charges that the said William Anderson instituted a suit against your orator in Bertie Superior court of law for an alledged malicious prosecution for an Indictment prosecuted against him and at the fall term of said court 1824 recovered against your orator the sum of $500 & costs and that your orator daily expects an execution to be [?] to coerce the payment of the money — and that should the money aforesaid be paid to the said William Anderson that your orator as he verily believes will be unable to procure from the said William Anderson any part of the money due your orator on account of the said Nottingham Monk[‘]s estate — and that your orator will be without any remedy to save himself harmless or indeed to save any part of the money for which he is liable on account of his becoming the security as aforesaid to the said William Anderson —

Your orator further charges that he hath received no part of the commissions due him from the said William Anderson for his trouble in the management of said estate according to the bargain and agreement aforesaid —

And your orator charges and avers that he verily believes that on a fair and legal or agreeable settlement of the said estate by the said William Anderson that there is more money due your orator from the said estate than the amount of the verdict recovered by the said William Anderson against your orator in Bertie Superior court of law as aforesaid — and that also the extent of his liability as the said William Andersons security amounts to more than the amount of the said Judgement as he understands & verily believes.

To the end therefore that the said William Anderson may come to a fair account & settlement of the estate of the said Nottingham Monk — and that the said William Anderson may indemnify your orator as his security to the administration bond aforesaid — and that the said William Anderson may pay your orator the part of the commissions aforesaid due to him — and that the said William Anderson may account for negro Nelson taken from your orator[‘]s possession by him & the said Nebuchadnezzar Monk your orator prays the proper process of this court returnable to the next Superior court of Bertie County — and that in the mean time an injunction issue to stay further proceedings on the judgements aforesaid — and that the said William Anderson answer the above allegations of this bill on oath — and that your honor make such others and further decree as the nature of this case requires etc.

L. Martin Sol. for complt.

The Answer of William Anderson to Amos Rayner’s Bill of Complaint, Bertie Co., 23 March 1825

State of North Carolina In Equity to Bertie County Spring Term 1825

The answer of William Anderson to the Bill of complaint of Amos Rayner

This deft saving and reserving to himself all benefit of exception to the many errors and uncertainties contained in complainants Bill; for answer thereto, or as much as this Deft. is advised is material for him to answer, he answereth & saith, he admits he is the Admr. of Nottingham Monk and that the complainant Amos Rayner, Thomas Sorrell & Nebuchadnezzar Monk as his securities to his Administration Bond; and this Deft. admits that Nancy the widow of said Nottingham Monk, Jennet wife of this Deft.[,] Strahon Monk; Nebuchadnezar Monk[,] Betsy the wife of Thos. Sorrell & Rachel Monk were children & distributees of the said Monk as stated in complainants Bill — This Deft. admits the death of Rachel Monk & that the complainant took out letters of administration upon her Estate — This Deft. has understood the complainant purchased the interest of Nancy the widow of said Monk — This Deft. admits that the complainant claims the interest of Nebuchadnezar Monk in said Estate by purchase; but denies that the purchase is made was made for the reasons set forth by the complainant; but avers he has good reason to believe that the object of the complainant was to get possession of the which of the said Nebuchadnezar Monk[‘]s estate & to defraud him of the whole of it, as has been made manifest by the conduct of the complainant who as the Deft has understood & verily believes by the said contracts was to maintain said Nebuchadnezar Monk during life in consideration of the whole of his Estate — This Deft further avers that the complainant after getting into his possession the most valuable part of the said Nebuchadnezar Monk[‘]s Estate, he refused and entirely failed to support said Monk or to furnish him with the necessaries of life[.]  And this Deft. afterwards furnished said Monk with nessaries, the use of a negro & land to cultivate to the value of about $200 for which the said Monk is now justly indebted to this Deft. and which should have been furnished by the said Complainant.

This Defendant denies that the complainant is or ever was entitled by any contract or otherwise to half the commissions of any part thereof for settling or transacting the administration of the Estate of the said Nottingham Monk — This Deft. did offer to give the complainant half of said commissions provided he would setttle the whole Estate and would enter into some writings to that effect; but the the [sic] complainant refused to accept the offer and did not transact the business of said Estate which has been done by the Deft.

This Defendant denies that he is insolvent as charged by the Complainant but averss that he is more than able to pay every debt that he owes and that the complainant’s fears as expressed on account of being his security are without any reasonable or just foundation —

This Defendant denies that he owes to the Complainant or any one of the distributees of Nottingham Monk[‘]s Estate anything but on the contrary they are indebted to this Deft. who has overpaid them with their distributee shares and more particularly the complainant as will more fully and at large appear by reference to an account stated and annexed to this Defts. answer which account a statements of the amt. & administration of the Estate and the vouchers etc this Deft. prays may be taken in part of his answer which account has been made out by Lawrence Cherry the Agent of Strahon Monk one of the distributees of the Defts. Intestate — This Deft denies that he as Admr. of the said Monk sold any negro of said Estate for cash as charged by the complainant, but admits that negro Dawson was sold by the Sheriff for about $270 to satisfy two Executions in favour of Nebuchadnezar Monk and Nancy Monk against this Deft. as Admr. of which sum this Deft. recd. $23.40 which is set forth in the Inventory and acct. —This Deft. avers to gratify the solicitations of the said distributees and more particularly the complainant this Deft. as Admr. consented that the negroes belonging to the Estate of this Intestate should be set up and bid for by them or their Agents for the purpose of making division but upon these express terms that whoever bid them off were to take the possession of said negroes at their bid and if any one bid to a greater amt. than his share such distributee was to be accountable to the other distributees that might be deficient of their share of said negroes but the legal title of said negroes after bid off & possession given was to be & remain in this Deft. as Admr. & subject to the payment of all outstanding debts against the Estate of this Defts. Intestate and to be surrendered back to this Deft. whenever necessary for the payment of debts and under this agreement and understanding the following negroes were bid off viz. Ben bid off by Thomas Bond for himself & as Agent for Amos Rayner at about $200, Watson at about $360, Nelson at about 291, Brister bid off by this Deft. at $60 — and under these terms Amos Rayner the Complainant received Watson & Nelson, and Thomas Bond received Ben — This Deft. avers that there was at the term of the said negroes were bid off a claim outstanding against the Deft. as Admr. as well as this Deft. recollects in the name of Stanley Kittrell, John West, [and?] Plaintiff vs. this Deft. as Admr. of the said Monk which was then made known and was afterwards performed with a judgment and after the Execution issued thereupon, this Deft. asked the said Amos Rayner to deliver up some of said negroes to be sold or to pay off the said debt [?]; all of which he refused and afterwards negro Nelson came to the Plantation of this Deft. who kept him to satisfy said debt and accordingly was taken in Execution of the Sheriff & sold to satisfy said Execution and Thomas Bond became the purchaser all of which was well known to the complainant altho he pretends to be ignorant what has become of said Nelson which was delivered by the complainant to be returned when called for & to be assets in his hands for the payment of debts — This Deft. avers that after said Nelson came to the Deft. altho this Deft. did not conceal him or deny that he was in his possession the complainant by his oath in the ordinary form obtained a a State warrant wherein this Deft. was charged with stealing said negro Nelson the property of the Complainant — and the Deft. was bound over to appear at Court to answer to said charge and accordingly indicted & prosecuted by the said Amos Rayner and [arrained?] at the Bar for the alledged Felony and was finally acquitted.

For which malicious Prosecution this Deft. brought his action against the said Amos Rayner & recovered a verdict & judgment of $500 & costs for which the said Amos now complains and has prayed for and obtained his Injunction by means as unfounded as those used by him in obtaining his States warrant against this Deft.

This Deft. states there were three other invalid negroes belonging to the Estate of his Intestate which this Deft. had set up at public sale with a view to lessen the expense of maintaining said negroes who were a charge upon said Estate and two of the vis. Venus & Arthur were bid off by Ethelred Powell at $50 to be paid by this Deft. for supporting said negroes during life and the other one viz. Mariam was bid off by Thos. Sorrel at nothing to keep & support during life.

This Deft. avers that the said Venus & Arthur were bid off by the said Powell this Deft. agreed & did take the said negroes to support during life at the same that the said Powell was to have, and accordingly has supported said negroes ever since free of any other charge except the $50 — This Deft. says he has recd of the Sheriff $63.85 of the sale of Nelson that being the sum over & above satisfying the Execution — This Deft. further States that the amount hereunto annexed the greater part of which is made out in the handwriting of Lawrence Cherry the Agent for Strahon Monk contains a just & true account of the assets & disbursements of the Estate of his Intestate as far as he can recollect except the negroes particularly set forth in this Defts. Answer — and from the said account it appears there is due to this Deft. from the Estate of his Intestate the sum of $247.84 besides some interest yet to be calculated and besides the sum of $301 for negro Watson which the complainant ought to be charged with having paid $64 which has been [executed?] and $200 for negro Ben which Thomas Bond recd. claiming Thos Sorrel & wife Elizabeths share and $60 for negro Brister recd. by this Deft. making $561 one fifth of which is $112.20 to which this Deft. is entitled in right of his wife which leaves a balance of $52.20 besides interest due from the Complainant & Thos. Bond to this Deft. in right of his wife on account of said negroes — This Deft denies that he has refused to settle with complainant; but on the contrary has called on the complainant twice by Lawrence Cherry to settled the said Estate & the said complainant refused — This deft. denies that he has wasted the assets of said Estate or been careless in attention to the management of said Estate — This Deft. avers that in March 1821 he paid Lawrence Cherry $103.85 for Strahon Monk And this Deft. avers that the said Amos Rayner and his cosecurities to the Administration bond given by this Deft. are all indebted to him as before stated — This Deft avers that he verily believes his own Estate consisting of lands & negroes Stock & other property besides the judgment of $500 against the complainant is worth more than $1000 and this Deft. avers that he verily believes he [does?] not to the amt. of $40 besides cost & charges in and about said judgment of $500 and prays that the complainants Injunction be dissolved & that this Deft be permitted to collect his judgment against the Complainant and that this Deft. be dismissed with his costs & charges most wrongfully sustained etc.

T.B. Haughten Sol for Deft.

State of No. Carolina

Bertie County

William Anderson maketh oath that the Several matters of fact set forth in the foregoing answer as of his own knowledge are true, and those not of his own Knowledge he believes to be true.

Sworn to & Subscribed before me     his

this 23 day Mar. 1825 William Anderson

Charles Jacocks     mark

Dept. Ct.

(A note at bottom reads, “Anderson not able to write his name.” Note that Wm. Anderson signed other documents in the estate file, so his inability to sign here was not due to illiteracy).

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